BILL ANALYSIS Ó
SB 1387
Page 1
Date of Hearing: August 8, 2012
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Felipe Fuentes, Chair
SB 1387 (Emmerson) - As Amended: June 27, 2012
Policy Committee: Public
SafetyVote: 6 - 0
Business and Professions 9 - 0
Urgency: No State Mandated Local Program:
Yes Reimbursable: No
SUMMARY
This bill prohibits any junk dealer or recycler from possessing
a reasonably recognizable, disassembled, or inoperative fire
hydrant or fire department connection, including, but not
limited to, bronze or brass fittings or parts, a manhole cover
or lid, or a backflow device, that was owned by a public agency,
city, county, special district, or private utility, without
written certification that the person possessing the items is
authorized to negotiate their sale.
FISCAL EFFECT
Unknown, likely minor state trial court costs depending on how
many misdemeanor filings will result from this legislation.
Every 100 filings would cost approximately $50,000 per year.
COMMENTS
1)Purpose . The intent of this legislation is to reduce the
amount of metal theft that has been occurring in California,
primarily the theft of fire hydrants, manhole covers, and
other related equipment. According to the author, metal theft
is on the rise as the price of metal continues to climb.
Metal theft of metals destroys public and private property and
harms critical public infrastructure, making it difficult to
deliver essential utilities to customers. Moreover, the theft
of certain metal devices can seriously threaten public health
and safety. Individuals have been injured falling down
uncovered manholes and vehicles have incurred damage driving
over manholes where the covers have been stolen. In addition,
SB 1387
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stolen backflow devices leave potable water sources vulnerable
to cross-contamination while stolen fire hydrants render
properties defenseless to fire.
While several laws have been enacted to curb metal theft, it
is still prevalent. According to the sponsor, Eastern
Municipal Water District, this measure seeks to address this
epidemic and strengthen current law by eliminating the
attractiveness of manhole covers, backflow devices, and fire
hydrants to metal thieves as there would no longer be a buyer
for these stolen items.
2)Background . Metal theft has become increasingly popular
within the last decade and the theft of fire hydrants, copper,
manhole covers, and backflow devices in particular are on the
rise, and represent a significant health and safety concern to
the public. According to an April 2, 2012 Sacramento Bee
article, "The cost of addressing the crime wave has likely
surpassed $1 million over the past year. Officials with the
city's Department of Transportation think they'll have to
spend another $2 million over the next year repairing
streetlights damaged by thieves." Over a New Year's weekend
in 2011, 50 manhole covers were stolen from the streets of
Sacramento. Cities, counties, and special districts are
taking different approaches to address metal theft. Los
Angeles residents are being asked to adopt their neighborhood
manhole covers in an attempt to police their streets. Eastern
and Municipal Water Districts have issued $500 rewards for
citizens who turn in thieves. Anaheim Public Utilities has
issued a customer alert on their website asking residents to
take precautions to protect their backflow devices. The city
has further indicated that residents may wish to increase
patrol and install video surveillance devices if they wish to
further protect their devices.
The rise in recycled metal prices has increased the demand for
such items. Scrap metal from fire hydrants is estimated to
recycle at $300 per ton; price fluctuates rapidly according to
demand. Metal theft has been well documented in California.
The Los Angeles Times reported an individual stealing 45 fire
hydrants within the Inland Empire
3)Related Legislation . Currently, a companion measure, SB 1045
(Emmerson) provides that any junk dealer or recycler who
possesses a fire hydrant, a fire department connection, as
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specified, or a backflow device or connection to that device
or part of that device without a prescribed written
certification, from the agency or utility owning or previously
owning the material is liable to the agency or utility for the
wrongful possession of that material. That bill is currently
on the Assembly Floor.
AB 316 (Carter), Chapter 317, Statutes of 2011, added copper
theft to the list of offenses for which there is a lower
monetary requirement to charge an offender with grand theft.
Analysis Prepared by : Julie Salley-Gray / APPR. / (916)
319-2081